PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

 

PC Staff Report

03/24/08

ITEM NO. 9B:           RS10 TO IG; .54 ACRES; 1321 & 1323 North 3rd Street (JCR)

 

Z-01-02-08: A request to rezone a tract of land approximately .54 acres from RS10 (Single-Dwelling Residential) District to IG (General Industrial) District. The property is located at 1321 & 1323 North 3rd Street. Submitted by Grob Engineering Services, for BC&R Storage Company, Inc., property owner of record.

 

STAFF RECOMMENDATION: Staff recommends approval of rezoning approximately .54 acres from RS10 (Single-Dwelling Residential) District to  IG (General Industrial) District and forwarding it to the City Commission with a recommendation for approval based upon the findings of fact outlined in the staff report and subject to the following condition:

 

1.      Approval and recordation of a final plat at the Douglas County Register of Deeds.

 

 

Applicant’s Reason for Request:

 

The property is zoned RS10 and is surrounded by property zoned IG.  The property was originally used for two residences that have relocated and the property is presently used for warehouse distribution trailer storage.

 

KEY POINTS

  • This is a request to rezone to the IG District.  The IG District is a General Industrial base zoning district.
  • This request is a key component in a project to expand the existing BC&R Storage building and to accommodate additional exterior storage onsite.
  • This request is associated with Z-01-01-08, a request to rezone a tract of land to the south of the subject property from CS to IG.
  • The property is surrounded on three sides by existing industrial zoning and industrial uses.
  • The subject property is currently used for warehouse distribution trailer storage.
  • Though located near the Kansas River, the subject property is protected by the levee and therefore is not encumbered by floodplain.

 

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

  • The subject property is surrounded on three sides by industrial zoning and industrial uses.  Commercial zoning and commercial uses exists to the east.  The character of the area is comprised by a predominance of industrial uses mixed with commercial uses.

 

CONFORMANCE WITH HORIZON 2020

§         The proposed rezoning request from RS10 to IG is consistent with land use recommendations found in Horizon 2020.

 

ASSOCIATED CASES

·         Z-01-01-08 (Item #9A), a request to rezone a tract of land to the south of the subject property.

·         A preliminary plat for the subject property and the property associated with Item #9A.  The preliminary plat is tentatively scheduled for the April Planning Commission meeting.

·         A final plat must be submitted and approved by the Planning Director following preliminary plat approval by the Planning Commission.

·         A special use permit with a site plan must be submitted for proposed development of the site.  The special use permit shall be considered by the Planning Commission with a recommendation to and final consideration by the City Commission.

 

OTHER ACTION REQUIRED

·         City Commission approval of the requested rezoning.

  • Approval of a preliminary plat by the Planning Commission and subsequent submittal of a final plat.
  • Approval of a final plat by the Planning Director and filing of the final plat at the Register of Deeds.

·         City Commission adoption of rezoning ordinance.

·         Publication of rezoning ordinance.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

None.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

RS10 (Single-Dwelling Residential) District; warehouse distribution trailer storage.

 

Surrounding Zoning and Land Use:

 

         

IG (General Industrial) District to the north, south and west; warehouse distribution trailer storage for BC&R Storage.

 

CS (Commercial Strip) District to the east; eating and drinking establishment, manufactured home sales facility and undeveloped land.

 

Summary of Proposal

The subject property constitutes a portion of a larger site known as BC&R Storage, a warehouse, distribution and storage facility.  The rezoning is requested as part of a project to expand the storage building and the exterior storage area on the site.  The subject property is only a small portion of the BC&R site, which had at one time been the site of two residential dwellings and under different ownership.  According to the applicant, BC&R has owned the property for several years and currently makes use of it for the exterior storage of warehouse distribution trailers.  The requested zoning would bring the use of the subject property into conformance and to make its zoning consistent with that of the remainder of the site.

 

1.        CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

Applicant’s Response – The rezoning from RS10 to IG would bring the property in line with the proposed Lawrence Future Land Use Map 3-2 of Horizon 2020.

 

The project is in conformance with the following Horizon 2020 goals and policies related to Industrial Uses:

 

CHAPTER SEVEN – INDUSTRIAL AND EMPLOYMENT-RELATED LAND USE


Strategies: Utilities

                Recognize the need to protect, enhance and retain existing industrially-related land use              areas serving the community. (Page 7-1)

 

                Continue to address the needs of existing local employers and industrialists to ensure                  their retention and to facilitate expansion plans for the future. (Page 7-1)

 

Industrial and Employment-Related Land Use Goals and Policies (Page 7-7)

 

Goal One: Established Industrial Area Development

Policy 1.1:   Maintain and Encourage New Development to Occur in Existing Industrial/Employment-              Related Areas

b.              Encourage parcel consolidation to provide infill sites for redevelopment and expansion.

 

Policy 1.2:   Ensure Compatibility of Development

a.              Upgrade the image and appearance of existing developments with new lighting, landscaping, signage and pedestrian access.

 

Policy 1.3:   Concentrate Industrial Development

b.              Existing industrial areas should be improved and upgraded as need.  Overall stormwater management, vehicular and pedestrian access and site maintenance should be undertaken where necessary.  Encourage partnerships for redevelopment.

 

Goal Three: Criteria for Location of Industrial or Employment-Related Development

Policy 3.1:   Utilize Locational Criteria for all Industrial or Employment-Related Development

c.              Ensure that new industrial, office research and warehouse distribution developments are concentrated in areas with similar compatible uses.

e.              Utilize the following criteria in reviewing industrial development requests:

                                                            1.      Limit development to designated areas as indicated on the Future Land Use Map and/or Sector Area Plan Maps.

                                                            2.      Encourage the formation of unified light industrial corridors through infill development of existing industrial areas.

                                                            3.      Promote the assembling of small tracts to form larger, more cohesive parcels, encourage well-planned and orderly clusters of industrial development.

                                                            4.      Light industrial development should be located on arterial streets.

 

Staff Finding – The subject property is proposed to be rezoned to IG (General Industrial) District.  The proposed rezoning of the subject property, given its location is consistent with Horizon 2020.  The Future Land Use Map of Horizon 2020 designates the subject property for “Office Research, Industrial/Warehouse/Distribution”.  The proposed zoning is in conformance with Horizon 2020.

 

2.        ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

 

Staff Finding – The subject property is surrounded by industrial zoning to the north, south and west and commercial zoning to the east.  The properties immediately to the north, though zoned industrial, previously contained two residential dwellings which have been demolished as part of the expansion project.  The properties to the south are a part of the BC&R site and are used for warehouse, distribution and storage uses as well as exterior storage uses.  The property to the east is commercially-zoned.  Current uses in this direction consist of an eating and drinking establishment, manufactured home sales and undeveloped land.

 

3.        CHARACTER OF THE NEIGHBORHOOD

 

Applicant’s Response – The character of the neighborhood is generally industrial with some CS – Commercial Strip across the street.  The only other residential property is two lots directly north of this proposed rezoning and that property is already zoned Industrial and those homes are being demolished as part of this redevelopment project.

 

Staff Finding – The subject property is located along the west side of North 3rd Street (US Highways 59/40), north of the Kansas Turnpike (Interstate 70).  It is bounded on the west by a rail line beyond which is the Kansas River.  This area is characterized by a predominance of industrial zoning and industrial land uses such as warehouse, distribution and storage facilities.  The neighborhood contains a few small areas of residential zoning (including the subject property) but contains no residential uses.  The balance of the area is characterized by automobile-oriented commercial uses.

 

4.        plans for the area or neighborhood, as reflected in adopted area and/or sector plans including the property or adjoining property

 

Staff Finding – There are no area or sector plans which include the subject property or adjoining properties.

                                                                                                      

5.        SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS

 

Applicant’s Response – The suitability of this property for residential use is very limited if at all feasible.  The residential property takes its only access directly from a major arterial street.

 

The subject property is zoned RS10 (Single-Dwelling Residential) District.  As zoned the property is restricted to residential uses as well as certain recreational and community facility uses.  While there are a few areas of residential zoning in the neighborhood, there are no residential uses.  The subject property is suited for industrial uses such as a distribution, warehouse or storage facility due to its accessibility to highways, interstates and rail lines. 

 

Staff Finding – The zoning regulations for the RS10 district restrict the subject property to residential uses and limited recreational and community facility uses.  The location of the subject property is not a suitable location for residential uses given its location on a state highway and the character of the area.  The proposed zoning permits general industrial uses.  The subject property is suitable for industrial use given its location and the character of the area.

 

6.        LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Applicant’s Response – The property has been generally vacant in excess of 7 years.  The previous homes were relocated for use by low income residents.

 

The subject property is currently used as part of exterior storage area for BC&R Storage.  Prior to its present use, the property had been vacant for several years following the demolition of the residential structures.

 

Staff Finding – The subject property is currently used for exterior storage of warehouse and distribution trailers associated with the BC&R.

 

7.        EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Applicant’s Response – The rezoning would not detrimentally affect nearby properties because the majority of the property on the west side of Highway 24-59 is already zoned IG.

 

The majority of nearby properties are used commercially or industrially.  There are two other properties in the area that are zoned residential, but neither of these properties contains residential uses.

 

Staff Finding – Approving the rezoning will not detrimentally affect nearby property.

 

8.        the gain, if any, to the public health, safety and welfare due to the denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application

 

Applicant’s Response – The gain with rezoning this property would be the ability of the owner to use the property as part of their warehouse/distribution business.  As RS10 zoning the forthcoming site planning would not allow the use of this property for that use.

 

Evaluation of this criterion includes weighing the benefits to the public versus the benefit of the owners of the subject property. Benefits are measured based on anticipated impacts of the rezoning request on the public health, safety, and welfare.

 

Staff Finding – The proposed rezoning will permit the property owners to make use of the property for exterior storage of trailers associated with the business.  The owner plans an expansion to the warehouse which, as a result, will reduce the area of the site dedicated for exterior storage of trailers.  As a result, the owner seeks to rezone the subject property may continue to be used for exterior storage.  The associated expansion is an economic gain for the public and the property owner.  Denial of this request will restrict the property to those uses permitted in the RS10 zoning district, despite the fact that the property is no longer used for residential purposes.

 

9.        PROFESSIONAL STAFF RECOMMENDATION

 

Staff Finding - Staff recommends approval of rezoning and forwarding it to the City Commission with a recommendation for approval based upon the findings of fact outlined above subject to the condition that the property is platted.